The Hindu Editorial Analysis- 13th March 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Why in News?

Recently, the Lok Sabha has passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024, with the aim of including specific ethnic groups and tribes from Jammu and Kashmir into the list of Scheduled Tribes.

• The Union government has also introduced the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 to provide reservation to Other Backward Classes (OBCs) in panchayats and Municipal Bodies of Jammu and Kashmir.

What is the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024?

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• Background of the Bill: The recent passing of the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024 by the Lok Sabha aims to extend Scheduled Tribe status to specific ethnic groups and tribes in Jammu and Kashmir.
• Key Objectives: The primary objective of this bill is to ensure the inclusion of certain ethnic communities within the Scheduled Tribes list, thereby granting them access to various benefits and protections provided to ST communities.
• Provisions for Other Backward Classes (OBCs): Additionally, the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 has been introduced to grant reservations to OBCs in the local panchayats and Municipal Bodies of the region.
• Significance: This legislative move holds significance as it aims to empower marginalized communities in Jammu and Kashmir by extending them official recognition and entitlements that come with Scheduled Tribe status.
• About the Bill:
  • The bill's primary focus is on granting Scheduled Tribe (ST) status to four ethnic groups in Jammu and Kashmir: Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group.
  • By extending ST status to these communities, the bill aims to enhance their socio-economic and political empowerment.
• Impact and Significance:
  • The bill ensures that existing communities like Gujjars and Bakarwals, who are nomadic and migrate with their livestock seasonally, retain their reservations unaffected.
  • It also provides new reservations for the newly listed STs, thereby promoting inclusivity and diversity in the region.
  • This legislative move is viewed as a significant step towards fostering inclusive development in Jammu and Kashmir, aligning with the government's commitment to the holistic progress of all sections and communities under the "Sabka Sath, Sabka Vishwas" mantra.

Overview of the Bill

• The bill ensures that existing reservations for communities like Gujjars and Bakarwals remain unchanged while introducing new reservations for newly listed Scheduled Tribes.
• Gujjars and Bakarwals are nomadic, moving with their livestock to higher areas during summer and returning before winter.
• This legislation is viewed as a significant stride towards inclusive development in Jammu and Kashmir, aligning with the government's commitment to holistic progress for all under the "Sabka Sath, Sabka Vishwas" principle.

Earlier Status of Paharis

• In 2019, Paharis received a 4% reservation in employment and educational institutions.
• The Justice (retd) G D Sharma Commission, established in 2019 to identify socially, educationally, and economically backward groups, recommended Scheduled Tribe status for Gadda Brahmins, Kolis, Paddari Tribe, and Pahari Ethnic Group.

Key Features of Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024

• The Commission's report recommended Scheduled Tribe (ST) status for Gadda Brahmins, Kolis, Paddari Tribe, and Pahari Ethnic Group.

Overview of the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024

• Changes in the local governance structure.
• Empowerment of marginalized communities.
• Enhancement of representation for disadvantaged groups.
• Strengthening of democratic processes at the grassroots level.

Implications of the Bill

• Increased participation of underrepresented communities in decision-making.
• Promotion of inclusivity and diversity in local governance.

Amendments to Local Government Laws in Jammu and Kashmir

• Amendment of Certain Provisions

  The proposed bill aims to modify specific sections of the J&K Panchayati Raj Act, 1989, the J&K Municipal Act, 2000, and the J&K Municipal Corporation Act, 2000. This amendment intends to introduce reservations for Other Backward Classes (OBCs) in Local Bodies such as panchayats and municipalities in the Union Territory of Jammu and Kashmir.

• Alignment with Constitutional Provisions

  The amendments are designed to harmonize existing laws with the Constitution, specifically Part IX and Part IXA, which pertain to Panchayats and Municipalities. This alignment includes the provision of reservations for backward classes in Panchayats and Municipalities as authorized by relevant clauses in Articles 243D and 243T of the Constitution.

• Superintendence of Elections

  The bill addresses inconsistencies related to the oversight, direction, and management of the preparation of electoral rolls and the conduct of elections for Panchayats and Municipalities. It ensures that the regulations concerning the State Election Commission comply with the Constitution, particularly Articles 243K and 243ZA.

• Removal of State Election Commissioner

  This aspect of the bill aims to resolve discrepancies between the J&K Panchayati Raj Act, 1989, and the Constitution regarding the removal process of the State Election Commissioner. It seeks to align the removal procedures with constitutional provisions, stipulating that the State Election Commissioner can only be removed under circumstances similar to those of a High Court Judge.

Constitutional Provisions and Initiatives related to Tribes in India

• The objective is to align the removal process with the constitutional provisions, ensuring that the State Election Commissioner can only be removed under circumstances similar to those of a Judge of a High Court.

What are the Constitutional Provisions and Initiatives related to Tribes in India?

1. Constitutional Provisions:
   • Provisions in the Indian Constitution are designed to safeguard the rights and interests of tribal communities.
   • Articles such as 244(1) and the Fifth Schedule provide for the administration and governance of tribal areas.
   • Special provisions like Article 275(1) aim to ensure that funds are allocated for the welfare of Scheduled Tribes.
2. Initiatives:
   • The government has launched various initiatives like the Tribal Sub-Plan (TSP) to address the socio-economic challenges faced by tribal populations.
   • Schemes such as the Special Central Assistance (SCA) to Tribal Sub-Schemes aim to bridge the development gaps in tribal regions.
   • The Forest Rights Act (2006) empowers tribes by recognizing their rights over forest resources and lands.
   • The PESA Act (Panchayats (Extension to Scheduled Areas) Act) grants self-governance rights to tribal communities in specified regions.
3. Constitutional Provisions:
   • Scheduled Tribes, as per the Census of 1931, are referred to as "backward tribes" residing in "Excluded" and "Partially Excluded" areas.
   • The Government of India Act, 1935, called for the inclusion of representatives of "backward tribes" in provincial assemblies for the first time.
   • The Constitution does not explicitly define the criteria for the recognition of Scheduled Tribes. Initially, the definition from the 1931 Census was utilized after independence.
   • Article 366(25) of the Constitution outlines the process for defining Scheduled Tribes, stating that they are tribes, tribal communities, or groups within these communities deemed Scheduled Tribes under Article 342.
   • Under Article 342(1), the President, after consulting with the Governor, can specify tribes or tribal communities as Scheduled Tribes for a particular State or Union Territory through a public notification.
   • The Fifth Schedule of the Constitution deals with the Administration and Control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
   • The Sixth Schedule governs the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
4. Legal Provisions:
   • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989.
   • The Provisions of the Panchayats (Extension to the Scheduled Areas) Act of 1996.
   • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006.
   • The Protection of Civil Rights Act of 1955, which prohibits the preaching and practice of Untouchability and enforces penalties for related offenses.
5. Related Initiatives:
   • TRIFED (Tribal Cooperative Marketing Development Federation of India).
   • Digital Transformation of Tribal Schools.
   • Development of Particularly Vulnerable Tribal Groups (PVTGs).
   • Pradhan Mantri Van Dhan Yojana.
6. Related Committees:
   • Xaxa Committee (2013).
   • Bhuria Commission (2002-2004), which recommended the recognition of additional tribal communities as Scheduled Tribes to provide them with benefits and protections.
   • Lokur Committee (1965), whose recommendations aimed to safeguard tribal land rights, enhance access to education and healthcare, and address socio-economic challenges faced by Scheduled Tribes.
7. Scheduled Tribes Recognition
   • As per the Census of 1931, Scheduled Tribes are referred to as "backward tribes" residing in the "Excluded" and "Partially Excluded" areas.
   • The Government of India Act, 1935, advocated for the inclusion of representatives of these tribes in provincial assemblies.
8. Definition of Scheduled Tribes
   • The Indian Constitution does not explicitly define the criteria for recognizing Scheduled Tribes.
   • Initially, post-independence, the definition from the 1931 Census was utilized.
   • Article 366(25) of the Constitution outlines the process for defining Scheduled Tribes, stating that they encompass tribes, tribal communities, or groups deemed as such under Article 342.
   • Under Article 342(1), the President, in consultation with the Governor, can specify tribes or tribal communities as Scheduled Tribes for a particular state or Union Territory through a public notification.
9. Constitutional Provisions
   • The Fifth Schedule of the Constitution delineates provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states excluding Assam, Meghalaya, Tripura, and Mizoram.
   • The Sixth Schedule focuses on the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
10. Legal Framework
    • Several legal enactments exist to safeguard the rights and interests of Scheduled Tribes, including:
    • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
    • The Panchayats (Extension to the Scheduled Areas) Act, 1996.
    • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
    • The Protection of Civil Rights Act, 1955, which addresses issues related to the practice of Untouchability and its enforcement.
11. Acts for Scheduled Castes and Scheduled Tribes:
    • The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
    • The Panchayats (Extension to the Scheduled Areas) Act, 1996
    • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
    • The Protection of Civil Rights Act, 1955: This act deals with the punishment for preaching and practicing Untouchability and enforcing disabilities arising from it.
12. Related Initiatives:
    • TRIFED
    • Digital Transformation of Tribal Schools
    • Development of Particularly Vulnerable Tribal Groups (PVTGs)
    • Pradhan Mantri Van Dhan Yojana
13. Related Committees:
    • Xaxa Committee (2013)
    • Bhuria Commission (2002-2004): This commission suggested recognizing more tribal communities as Scheduled Tribes, granting them benefits and protections.
    • Lokur Committee (1965): The recommendations of this committee included measures to protect tribal land rights, enhance access to education, healthcare, and employment for Scheduled Tribes, and improve welfare schemes to address their socio-economic challenges.